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Articles 1 - 5 of 5

Full-Text Articles in Law

Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy Jul 1978

Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy

Florida State University Law Review

No abstract provided.


The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh Apr 1978

The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh

Florida State University Law Review

No abstract provided.


Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry Mar 1978

Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry

Vanderbilt Law Review

The decisions of the United States Supreme Court in John Wiley & Sons, Inc. v. Livingston, NLRB v. Burns International Security Services, Inc.,' and Howard Johnson Co. v. Detroit Local Joint Executive Board' have raised, but left unanswered, two significant questions regarding the proper balancing of the parties' interests: (1) does the successor employer's duty to arbitrate with the union under the predecessor's contract survive a corporate change?;and (2) if so, does the arbitrator have the power to impose the substantive terms of the predecessor's labor agreement on the successor? To answer these questions, this Article initially will analyze in …


Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii Mar 1978

Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii

St. Mary's Law Journal

Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …


Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon Feb 1978

Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon

Dalhousie Law Journal

A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …